Comparison of Workers’ Compensation Arrangements in Australia and New Zealand (2012)

Chapter 7: Scheme administrative and funding arrangements

This section provides background information on the administrative and funding arrangements under which the workers’ compensation schemes operate. The key areas for comparison include scheme names, legislation, transitional arrangements and provisions for certain people who are injured in unique ways or at particular places or times.

This chapter includes:

7.1 Applicable workers’ compensation legislation 2010-2011

7.2 Transitional provisions

7.3 Minor schemes

7.3a New South Wales

7.3b Victoria

7.3c Western Australia

7.3d South Australia

7.3e Tasmania

7.3f Commonwealth

7.3g New Zealand

7.4 Scheme funding positions

7.5 Standard average premium rates

7.6 Selected industry premium rates

Scheme administrative arrangements

Employers who operate in more than one Australian state or territory must comply with all relevant laws within each of the jurisdictions in which they work.

During the 2010-11 financial year, workers’ compensation schemes operated under separate laws in each jurisdiction, as shown in Table 7.1.

Transitional provisions

Not all injured workers are covered under current workers’ compensation legislation because their date of injury may have preceded the introduction of that legislation. However, most jurisdictions provide for workers’ compensation payments to be made to people who would have had an entitlement to compensation under preceding legislation, or for some transitional arrangements to apply to those people.

For example, in Queensland, injuries that occurred before 1 January 1991 are covered by the Workers’ Compensation Act 1916, injuries that occurred between 1 January 1991 and 1 February 1997 are covered by the Workers’ Compensation Act 1990 and injuries that occurred on or after 1 February 1997 and before 1 July 2003 are covered by the WorkCover Queensland Act 1996.

In other circumstances an injured worker may need to meet certain criteria in order for an injury that occurred when previous legislation was in force to be covered under the current legislation. For example, a Commonwealth employee who was injured prior to 1988 would only be entitled to compensation under the SRC Act if there was an entitlement under the preceding pieces of legislation.

Unique provisions and other workers’ compensation schemes

A number of jurisdictions have specific workers’ compensation or related legislation or other arrangements to provide for people who are injured in unique ways or at particular places or times. For example the Commonwealth has an administrative scheme for people who may have been affected by nuclear radiation from British atomic tests in Australia in the 1950s.

Table 7.3 lists the minor schemes extant in each jurisdiction. Tables 7.3a to 7.3g expand on the specific arrangements in each jurisdiction for the minor schemes.

Table 7.1: Applicable workers’ compensation legislation

	Applicable workers’ compensation legislation
New South Wales	Workers Compensation Act 1987 Version valid from 8 July 2011 to 30 September 2011 Historical versions can be accessed from the same link. Workplace Injury Management and Workers Compensation Act 1998 Version valid from 1 March 2011 to 30 September 2011 Historical versions can be accessed from the same link.
Victoria	Refer Victorian Law Today Accident Compensation Act 1985 - Version 183 is valid from 1 January 2012 Accident Compensation (WorkCover Insurance) Act 1993 - Version 70 is valid from 1 July 2011. Historical versions can also be accessed at here
Queensland	Workers’ Compensation and Rehabilitation Act 2003 (permalink to current reprint) (Reprint 5D, valid 4 April to 5 June 2011). (Reprint 5C, valid 1 January 2011 to 3 April 2011). (Reprint 5B, valid 1 November 2010 to 31 December 2010). (Reprint 5A, valid 14 October 2010 to 31 October 2010). (Reprint 5, valid 1 July 2010 to 13 Oct 2010). (Reprint 4C, valid 1 July 2010 to 1 July 2010). (Reprint 4B, valid 17 Jun 2010 to 30 Jun 2010). (Reprint 4A, valid 29 Mar 2010 to 16 Jun 2010). (Reprint 4, valid 10 Dec 2009 to 28 Mar 2010). (Reprint 3G, valid 3 Nov 2009 to 9 Dec 2009). (Reprint 3F, valid 26 Oct 2009 to 2 Nov 2009). (Reprint 3E, valid 1 Jul 2009 to 25 Oct 2009).
Western Australia	Workers’ Compensation and Injury Management Act 1981 (Version 09-g0-00 as at 01 Dec 2011) Other versions of this Act can be found at here
South Australia	Workers Rehabilitation and Compensation Act 1986 (Version valid 1 Feb 2010 to 30 Sept 2011). (Version valid 1 Jan 2010 to 31 Jan 2010). (Version valid 15 Oct 2009 to 31 Dec 2009). (Version valid 1 July 2009 to 14 Oct 2009). WorkCover Corporation Act 1994 (Version valid 1 Feb 2010 to 30 Sept 2011). (Version valid 1 Jan 2010 to 31 Jan 2010). (Version valid 1 July 2009 to 31 Dec 2009).
Tasmania	Workers Rehabilitation and Compensation Act 1988 (Version valid 1 July 2010 to 4 Feb 2011). (Version valid 1 July 2009 to 30 June 2010). (Version valid 1 July 2010 onwards) Workers’ (Occupational Diseases) Relief Fund Act 1954 (No. 45 of 1954) (Version valid from 1 Jan 2004 ).
Northern Territory	Workers Rehabilitation and Compensation Act Version valid 1 Feb 2011 to 1 September 2011 (Version valid 1 July 2010 to 1 Feb 2011). (Version valid 16 September 2009 to 30 June 2010). (Version valid 18 June 2009 to 15 September 2009).
Australian Capital Territory	Workers Compensation Act 1951 (Republication No. 52, 21 September 2011 - 11 December 2011) (Republication No. 51, 13 September 2011 - 20 September 2011) (Republication No. 50, 1 July 2011 - 12 September 2011) (Republication No.49, Effective 1 December 2010 - 30 June 2011) (Republication No.48, Effective:30 Sept 2010 to 30 Nov 2010). (Republication No.47, Effective:10 July 2010 to 29 Sept 2010). (Republication No.46, Effective:1 July 2010 to 9 July 2010). (Republication No.45, Effective:31 Mar 2010 to 30 June 2010). (Republication No.44, Effective:17 Dec 2009 to 30 Mar 2010). (Republication No.43, Effective:22 Oct 2009 to 16 Dec 2009). (Republication No.42, Effective:1 Oct 2009 to 21 Oct 2009). (Republication No.41, Effective:3 Sept 2009 to 30 Sept 2009). (Republication No.40, Effective:2 July 2009 to 2 Sept 2009). (Republication No.39, Effective:8 April 2009 to 1 July 2009).
C’wealth Comcare	Safety, Rehabilitation and Compensation Act 1988 Version valid from 5 January 2012 Version valid 18 December 2010 to 04 Jan 2011. (Version valid 1 July 2010 to 17 Dec 2010). (Version valid 19 April 2010 to 30 June 2010). (Version valid 24 February 2009 to 18 April 2010). (Version valid 1 November 2009 to 23 February 2010). (Version valid 15 July 2009 to 31 October 2009). (Version valid 1 July 2009 to 14 July 2009).
C’wealth Seacare	Seafarers Rehabilitation and Compensation Act 1992 (Version valid 8 February 2010 to 19 October 2011). (Version valid 15 July 2009 to 7 February 2010). (Version valid 5 June 2009 to 14 July 2009).
C’wealth DVA	Military Rehabilitation and Compensation Act 2004
New Zealand	Accident Compensation Act 2001 No 49 (current) (Version valid 1 April 2002 onwards) Accident Compensation Amendment Act 2010 No 1 (Version valid 3 March 2010 onwards) Injury Prevention, Rehabilitation, and Compensation Act 2001 No 49 (Was renamed Accident Compensation Act 2001 on 3 March 2010)